MOHAMMAD AKHTAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants Mohammad Akhtar and Mohammad Ali Naved have been convicted under S. 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as the Act) and have been sentenced to rigorous imprisonment for 10 years and fine of Rs. 1,00,000/- each. In default of payment of fine, they have been sentenced to rigorous imprisonment for two years each.

(2.) It is not in dispute that Fiat Car B.L.O. 149 was passing through Bijawar check post on 4-10-1992 at 2 a.m. It was intercepted and checked. Appellants Mohammad Akhtar and Mohammad Ali Naved were inside this car. There was a lady and children also in this car. This car was coming from Bihar and it was going to Bombay.

(3.) The prosecution case is that on search of the dickey of this car, a tin box was found. That tin box contained 10 kgs of charas wrapped in a piece of cloth. Charas was seized as per seizure memo Ex. P.-1. There were certain other articles and the registration certificate of the car which were seized. This car is registered in the name of appellant Mohammad Akhtar. Charas was sealed on the spot. A sample of charas was sent to the Forensic Science Laboratory, and it was confirmed that the commodity which was seized from this car was charas.